Faulty goods: who picks the remedy
In the UK a short-term right to reject lasts 30 days, the EU sets a 2-year minimum guarantee, and in both the early months favour the buyer.
A faulty product gives you legal remedies against the seller, and the early months favour you most. In the UK, the short-term right to reject an item ends after 30 days, while in the EU you always have the right to a minimum 2-year guarantee, according to the European Commission's Your Europe portal. Who picks the remedy depends on timing and on whether the option you want is proportionate.
What counts as a faulty product, and what is just wear or misuse?
A product is faulty when it does not match what the contract promised, including when its quality is not satisfactory. Section 9 of the UK Consumer Rights Act 2015 says that every contract to supply goods includes a term that the quality is satisfactory, and the section refers to "freedom from minor defects" as an aspect of quality.
GOV.UK tells sellers that a full refund is due when a product has a fault, differs from its description or fails to work as it should. The pages cited here do not define normal wear or misuse. If a seller blames your use of the product, it helps to ask for its reasons in writing.
How long do my rights last, and who has to prove the fault?
In the EU, the guarantee runs for at least two years from receipt, and the burden of proof sits with the seller for the first year. Your Europe states that if a defect appears within 1 year of delivery, you do not have to prove it existed at delivery.
In the UK, section 19 of the Consumer Rights Act 2015 treats a fault that appears within six months of delivery as having existed on the delivery day. After that window, the cited pages do not say how proof works, so a buyer may need to show the fault was present from the start.
The table compares the two regimes. Its basis is the pages listed under Sources, read on 31/10/2026.
| Point | EU (Your Europe) | UK (Consumer Rights Act 2015) |
|---|---|---|
| Minimum guarantee | 2 years from receipt | Not stated on the cited sections |
| Fault presumed present at delivery | Within 1 year | Within 6 months |
| Short-term right to reject | Not stated on the cited page | 30 days |
The second table puts the same sources on one timeline, so you can see which right applies at which point after delivery. Its basis is the Your Europe, Consumer Rights Act 2015 (sections 19 and 22) and GOV.UK pages listed under Sources, all read on 31/10/2026.
| Time since delivery | What the sources say | Source |
|---|---|---|
| Up to 30 days | UK: the short-term right to reject can be used | Consumer Rights Act 2015, s. 22 and s. 19 |
| Within 6 months | UK: a fault is taken to have existed on delivery day; sellers must repair or replace an item returned in this period | Consumer Rights Act 2015, s. 19; GOV.UK |
| Within 1 year | EU: you do not have to prove the defect existed at delivery | Your Europe |
| Up to 2 years | EU: the minimum guarantee still applies | Your Europe |
Can I demand a refund straight away?
In the UK, yes during the first 30 days. Section 22 sets the time limit for the short-term right to reject at the end of 30 days, and section 19 lists the short-term right to reject among the consumer's rights.
Section 23 requires the seller to carry out a repair or replacement within a reasonable time and without significant inconvenience to you. It also lets the seller decline the option you choose if it is disproportionate compared to the other remedy.
For the EU, Your Europe says that you are entitled to a full or partial refund. Read that page, and check with your national consumer body, to see whether your situation fits.
Does the manufacturer's warranty replace the legal guarantee?
No. The legal guarantee comes with every sale, while a manufacturer's commercial warranty is an optional extra. According to Your Europe, a commercial guarantee may improve your protection, but it cannot remove or cut back your rights under the minimum 2-year guarantee.
In practice, read the warranty for what it adds, such as a longer period or a free collection service. Then rely on the legal guarantee where it gives you more.
Who answers for the fault, the shop or the brand?
The seller is the party the cited pages address. GOV.UK's guidance, written for sellers, says that an item returned by a customer within 6 months must be repaired or replaced. Section 19 of the Consumer Rights Act 2015 also frames the consumer's rights in terms of the contract, which is made with the seller.
Whether you can also claim against the manufacturer is not indicated on the pages cited here. If you want to go to the brand, check the terms of its commercial warranty and take advice from a consumer adviser.
What if the seller refuses, stalls or offers only store credit?
Start by restating your right in writing and setting a deadline. The law requires repair or replacement within a reasonable time, so repeated delays can be pointed out in your letter.
On store credit, GOV.UK's wording is that sellers owe a full refund for a faulty item. A voucher is not described there as a substitute, so you can ask for the refund and decline the voucher.
Which evidence should I keep, and what goes in a complaint letter?
Keep anything that proves the purchase, the fault and your attempts to resolve it:
- The receipt, order confirmation or bank statement showing the purchase and the delivery date.
- Photos or short videos of the fault, dated if possible.
- Every email, chat transcript and letter exchanged with the seller, plus notes of calls with dates and names.
- Any commercial warranty document or product description that set out what was promised.
A formal letter should be short and factual. State:
- What you bought, when and where, with the order reference.
- The fault, and the date you noticed it.
- The remedy you want (rejection and refund, repair or replacement) and the legal basis.
- A deadline for a reply.
- What you will do next if there is no answer, such as going to dispute resolution.
Send it by a method that leaves a trace, and keep a copy.
Where can I escalate if the seller does not respond?
Your Europe advises that if you cannot settle your dispute directly with the trader, you should get help from an alternative dispute resolution service.
The pages cited here do not give the steps, fees or claim limits for small claims court or for national consumer agencies. For those routes, check the official site of your country's courts or consumer agency, or ask a consumer adviser or a lawyer, especially where the sum involved is large.
Sources
- Guarantees and returns (Your Europe), European Commission, Your Europe, consulté le 31/10/2026
- Consumer Rights Act 2015, section 22, Right to reject: time limit, legislation.gov.uk, consulté le 31/10/2026
- Consumer Rights Act 2015, section 19, Consumer's rights to enforce terms about goods, legislation.gov.uk, consulté le 31/10/2026
- Consumer Rights Act 2015, section 23, Repair or replacement of goods, legislation.gov.uk, consulté le 31/10/2026
- Consumer Rights Act 2015, section 9, Goods to be of satisfactory quality, legislation.gov.uk, consulté le 31/10/2026
- Accepting returns and giving refunds, GOV.UK, consulté le 31/10/2026
- Consumer dispute resolution (Your Europe), European Commission, Your Europe, consulté le 31/10/2026
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